Rajesh Kumar vs State Of U.P. Thru Collector And 2 ...
2023 Latest Caselaw 10721 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 42866 of 2014
 

 
Petitioner :- Rajesh Kumar
 
Respondent :- State Of U.P. Thru Collector And 2 Others
 
Counsel for Petitioner :- Kalp Nath Bind,Rama Shanker Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard counsel for the parties.

Petitioner has approached this Court challenging the order dated 07.05.2014 whereby, on the basis of an inquiry report dated 03.04.2014, Tehsildar, Kasganj cancelled the caste certificate of the petitioner and petitioner's services were dispensed with.

Learned counsel for petitioner relies upon the judgment in case of (Ajay Kumar Singh Vs. State of U.P. and others) in Writ-C No.28439 of 2009 decided on 05.04.2013. Relevant portion of the said judgment reads:

"6. Learned counsel for the petitioner submits that in view of the decision rendered in Kumari Madhuri Patil and another Vs A.C.T.D. and others reported in (1994) 6 SCC 241 which was followed in Baswant Vs State of Maharashtra and others reported in (2007) 12 SCC 800 and Anand Vs C.S.T.C. reported in (2012) 1 SCC 113, State Government has constituted District and State Level Committee to consider the matter with regard to scrutiny of the caste certificates and cancellation thereof.

7. Learned Standing Counsel has relied upon the Government Order dated 28.2.2011 issued in continuation of the Government Order dated 5.1.2006. The Government Order dated 28.2.2011 was issued in pursuance of the direction issued in Kumari Madhuri Patil and another (supra) providing for a fair and transparent procedure for deciding the issues relating to caste certificate. In paragraph no. 4 of this G.O. an enquiry relating to false and erroneous caste certificates is required to be made by a committee headed by District Magistrate. This Committee has been constituted in pursuance of the direction issued by this Court in Civil Misc Writ Petition (PIL) No. 1396 of 2011 (Tharu Shakti Samiti Maharajganj and others Vs State of UP and others).

8. Learned Standing Counsel has also cited another order passed by Division Bench of this Court in Smt Meera Devi Vs State of UP (Writ -C No. 62385 of 2012) decided on 5.12.2012 in which it has been held that once the caste certificate has been issued, the Tehsildar would have no jurisdiction to entertain any complaint or to pass any order cancelling the caste certificates. The cancellation can be made only by the Caste Scrutiny Committee at the District or State level. Similar order was issued by this Court in Hizwana Bano Vs State of UP and others reported in 2011(1) ADJ 440.

9. On the aforesaid discussion, we are of the view that in the present case caste certificate could not have been cancelled by the Tehsildar even if he came to the conclusion that the caste certificate was not issued on correct facts. In such situation, the only recourse open to the respondents was to refer the matter to the District or State Level Caste Scrutinizing Committee to consider and pass appropriate orders."

Thus, it is the District/State Caste Scrutinizing Committee which alone has power to cancel a caste certificate and not Tehsildar. Thus, the basis of order of removal dated 07.05.2014 cannot stand and, hence, the impugned order dated 07.05.2014 is set aside.

With the aforesaid, writ petition is allowed.

.

[Vivek Chaudhary J.]

Order Date :- 11.4.2023

-Amit K-